HomeMy WebLinkAboutCity of Tamarac Resolution R-99-330Temp. Reso. #8788
October 18, 1999
Page 1
Revision #1 - November 17 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 99- 330
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
IMPLEMENTATION OF THE EMPLOYEE COMPUTER
PURCHASE PLAN FOR THE CITY OF TAMARAC
EMPLOYEES PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission approved the funding for the Employee
Computer Purchase Plan (ECPP) that was included in the FY00 budget; and
WHEREAS, the ECPP is an effective and innovative way to provide the City
employees with better computer skills; and
WHEREAS, the ECPP will initially provide sixty City employees with loans up to
$2,000 for the purchase of computer equipment and related peripherals; and
WHEREAS, the ECPP will continue to fund itself through loan payments allowing
more City employees to take advantage of the ECPP; and
WHEREAS, the City Manager and the Director of MIS recommend the
implementation of ECPP to provide the employees with an opportunity to improve their
computer skills and as an added incentive, to attract and retain a competent, well -
trained workforce to provide excellent services to the citizens of Tamarac; and
WHEREAS, the ECPP would be implemented in accordance with the
Administrative Policy attached hereto as Exhibit "A" subject to such revisions as approved
by the City Manager and reviewed for legal sufficiency by the City Attorney; and
Temp. Reso. #8788
October 18, 1999
Page 2
Revision #1 - November 17 1999
WHEREAS, the City Commission deems it to be in the best interest of the citizens
and residents of the City of Tamarac, Florida, to implement the attached ECPP for the
City Employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City Manager is hereby authorized to implement and maintain
the ECPP for all City Employees.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be
severable.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
Temp. Reso. #8788
October 18, 1999
Page 3
Revision #1 - November 17 1999
PASSED, ADOPTED AND APPROVED THIS day of ,
1999.
r
6-s ps��
JOE SCHREIBER
l/ MAYOR
ATTEST: ..,,.
CAROL GOL MC/AAE RECORD OF COMMISSION
CITY CLERK MAYOR SCHREIBER
DIST I: COMM. PORTNER
I HEREBY CERTIFythat ave DiST2: V/M MISHKIN
athis R s to form. DIST 3:.� COMM. SULTANOF
A DIST 4: COMM. ROBERTS
IWTCHLLL S. KR)
CITY ATTORNEY
1
I•
rI
�J
Exhibit "A°
TAMS
City of Tamarac, Florida
• �� • Administrative Policy
RI
Title: Employee Computer Purchase Plan Policy
Effective Date: 12/10/1999
Originating Department: Management
Supersedes: All previous and existing
Information Services
memos or administrative policies in
conflict
Policy Number:
Page 1 of 3
OBJECTIVE
The Employee Computer Purchase Plan is a voluntary program designed to assist employees with
the purchase and financing of a personal computer so that they can learn and gain experience by
working with a personal computer away from the office, outside of normal working hours. By
owning a personal computer, employees will be able to:
a) acquire and improve computer literacy skills by means of "hands on" training;
b) be exposed to a full range of software capabilities (i.e., spreadsheets, database
managers, word processing and graphics);
c) become familiar and at ease with computers and current computer technology; and
d) support City productivity improvement efforts through increased use of computers in
daily departmental activities.
ELIGIBILITY
All full time regular employees of the City of Tamarac, hereinafter referred to as "Employees", who
have completed at least one year of continuous service, are eligible to participate in this Plan.
Employees on probation or transfer are considered regular employees for purposes of the Plan.
Participants must agree to comply with the requirements and provisions of the Plan as set forth
herein.
Title: Employee Computer Purchase Plan Policy I Page: 2 of 3
I•
r]
F:M-1i• .
PERSONAL COMPUTERS INCLUDED IN THE PLAN
Any bona fide computer system may be purchased under the plan if it meets the minimum
requirements listed below, pursuant to the approval of the plan administration. The Plan
Administrator may modify these minimum standards from time to time based on changes in
technology.
• Intel Pentium III 500 Mhz
• 64 Mb of main memory
• 6 GB Hard Disk
• 13X CD Rom Drive
• 3.5" Floppy Disk Drive
• Minimum of 1 "business" software package (i.e., Microsoft Office 2000)
• Neither games nor entertainment software are covered by this plan
• Surge Protector
DESCRIPTION OF PLAN
The City will finance the employee's purchase of equipment and software up to $2,000. Loans will
be interest free and for a term not to exceed 24 months. Payments on the loans will be made
through payroll deduction. The funds dispersed to the employees under this plan is considered a
cash advance of wages and benefits earned and the employee authorizes the City to deduct the
payments or the balance from wages for hours worked, leave or any other funds due to the
employee.
RESTRICTIONS ON TRANSFER OR ASSIGNMENT OF EQUIPMENT
Each participant in the Plan agrees that usage of the equipment and software being made available
and financed under this plan will be restricted to the employee's own use and that of his/her
immediate family. Any re -assignment or transfer of the equipment will violate the Agreement and
cancel the right to participate in the Plan with the loan being due immediately.
POTENTIAL INCOME TAX CONSEQUENCES
If tax laws change at a later date to make this loan taxable income, the employee shall be liable for
the added taxes.
ADMINISTRATION
The Plan will be administered and coordinated by the Management Information Services
Department. It will be the responsibility of the MIS Department to see that each system meets the
minimum criteria described herein.
I•
•
Title: Employee Computer Purchase Plan Policy
Exhibit "A"
Limited funding provides loans for up to 60 City Employees and loans will be processed on a first
come first serve basis. If the initial demand for loans is over 60, then 60 applicants will be selected
through a drawing. Further loans will be processed as funds become available through loan
payments.
The Plan's continued availability will be dependent upon its effectiveness and benefits derived.
Limitations may need to be placed on the program due to availability of funds.
A separate loan account will be maintained for each employee on the Miscellaneous
Receivable/Customer Loan application system.
The various executed agreements related to the employee personal computer purchase plan shall
be maintained in the employee's personal file.
How To Apply
Eligible employees may apply for a loan under this plan by completing and submitting the
"Employee Computer Purchase Plan - Specification Sheet" and all other documentation to the
Director of MIS for approval and processing. A "participant and loan agreement promissory note"
and a "security agreement" will be executed jointly with the participant and the Director of MIS upon
approval of the technical specifications.
Approved:
re " . Miller Date
City Manager
Name:
Department:
CITY OF TAMARAC
EMPLOYEE PERSONAL COMPUTER PURCHASE PLAN
Participant and Loan Agreement
Promissory Note
Address:
Exhibit "A"
The above named employee ("Participant") of the City of Tamarac ("City") has been provided a
copy of the City of Tamarac Employee Personal Computer Purchase Plan ("Plan") and hereby
voluntarily elects to purchase a personal computer and certain related equipment and software
("Equipment) and participate in the financing arrangement offered under the Plan, and further,
agrees to and accepts the following terms and conditions.
1. The price of the Equipment to be purchased is $ and is identified on the
Specification Sheet, attached hereto as Exhibit and incorporated herein.
2. The City agrees to make an interest free loan to the Participant to purchase the desired
equipment in the amount of $ for a period not to exceed the specified time of:
24 months
12 months
3. Participant authorizes the City to deduct $ from each paycheck of the Participant
beginning until the amount identified in Paragraph 2 above has been paid.
Participant may elect to pay the remaining unpaid balance at any time prior to the last payroll
deduction.
4. Participant agrees not to sell, trade or otherwise dispose of the Equipment until the loan had
been paid in full. Participant also agrees the usage of the Equipment will be limited to the
Participant's own use and that of his/her immediate family and any reassignment or transfer
of the Equipment or this Agreement will result in cancellation of this Agreement. Violations of
these provisions will require Participant to immediately pay to the City the remaining amount
due on the loan.
5. Upon separation (which includes retirement) of the Participant from the employment of the
City for any reason, the remaining amount to be paid to the City shall immediately become
due and payable in full. Participant agrees that, unless prior arrangements are made and
approved by the City, any unpaid balance remaining upon separation of Participant from the
employment of the City will be deducted from final earnings.
6. Upon violation of the terms of this agreement or default under the Security Agreement
between the undersigned and the City, this note shall become due.
7. All warranties and service or maintenance contracts shall be between the vendor and the
Participant. Participant shall deal directly with the vendor and in no event shall Participant
look to the City for any claims relating to warranty, service or maintenance.
8. Participant agrees to pay to the City any expense to which it is put in collection of this note,
including attorneys fees. In case action is brought on this note, it is agreed that venue of
such action shall be in Broward County, Florida. This agreement shall be interpreted in
accordance with the laws of the State of Florida.
Page 1 of 2
9. This Agreement may be changed
• Participant and supersedes any
communications concerning the Plan
ACCEPTED BY:
only by written document signed by the City and the
and all written or oral agreements, proposals and
Participant
City of Tamarac
DATE:
DATE:
Page 2 of 2
Exhibit "X
CITY OF TAMARAC
EMPLOYEE PERSONAL COMPUTER PURCHASE PLAN
Security Agreement
THIS AGREEMENT, made this day of under the laws of
the State of Florida between herein
called the "Debtor" whose residence is
and the City of Tamarac, a
Florida Municipal corporation, herein called the "Secured Party" whose address is 7525 N. W.
88th Avenue, Tamarac, FL 33321-2401.
WITNESSETH:
To secure the payment of an indebtedness in the amount of $ without
interest as provided below, payable as follows:
$ each bi-weekly payday commencing by payroll
deduction until paid in full as long as Debtor is employed by Secured Party, the
unpaid balance to be immediately paid in full upon Debtor's termination
(voluntary or involuntary) of employment for any reason (including retirement). To
the extent funds are available, Debtor hereby authorizes Secured Parry to deduct
the unpaid balance remaining at time of termination from any final earnings.
As evidenced by a note of even date herewith (hereinafter called the "Obligation"), Debtor hereby
grants and conveys to the Secured Parry, a security interest in, and mortgages to the Secured
Party:
a) the property described in the Specification Sheet attached hereto as
Exhibit _ and incorporated herein (herein after called the "Collateral")
which collateral the Debtor represents will be used primarily for personal,
family or household purposes.
b) all proceeds there, if any
c) all increase, substitutions, replacements, additions and accessories
thereto.
DEBTOR WARRANTS, COVENANTS AND AGREES AS FOLLOWS:
To pay and perform all of the obligations secured by this agreement according to their
terms.
To defend the title to the collateral against all persons and against all claims and
demands, whatsoever, which collateral, except for the security interest granted hereby, is lawfully
owned by the Debtor and is now free and clear of any and all liens, security interests, claims,
charges, encumbrances, taxes and assessments except as may be set forth in the schedule.
On demand of the Secured Party to do the following: furnish further assurances of title,
execute any written agreement or do any other acts necessary to effectuate the purposes and
provisions of this agreement, execute any instrument or statement required by law or otherwise in
order to perfect, continue or terminate the security interest of the Secured Party in the collateral
and pay all costs of filing in connection therewith.
Page 1 of 3
To retain possession of the collateral free and clear of all liens, charges, encumbrances,
taxes and assessments.
To pay, when due, all taxes, assessments and license fees relating to the
collateral.
To keep the collateral, at Debtor's own cost and expense, in good repair and condition
and available for inspection by the Secured Party at all reasonable times.
To keep the collateral fully insured against loss by fire, theft and other casualties, Debtor
shall give immediate written notice to the Secured Party and to insurer of loss or damage to the
collateral and shall promptly file proofs of loss with insurers.
The Parties Further Agree
Waiver of or acquiescence in any default by the Debtor, or failure of the Secured Party to
insist upon strict performance by the Debtor of any warranties or agreements in this Security
Agreement, shall not constitute a waiver of any subsequent or other default or failure.
Notices to either party shall be in writing and shall be delivered personally or by mail
addressed to the party at the address herein set forth or otherwise designated on writing.
The Uniform Commercial Code shall govern the rights, duties and remedies of the parties
and any provisions herein declared invalid under any law shall not invalidate any other provision
of this Agreement.
The following shall constitute default by Debtor:
• Failure to pay the principal on the indebtedness of any notes when due.
• Failure by Debtor to comply with or perform any provision of this Agreement.
• False or misleading representations or warranties made or given by Debtor in connection with
this Agreement.
• Subjection of the collateral to levy or execution or other judicial process.
• Commencement of any insolvency proceeding by or against the Debtor.
• Death of Debtor.
• Any reduction in the value of the collateral or any act of the Debtor which imperils the
prospect of full performance or satisfaction of the Debtor's obligations herein.
Upon any default of the Debtor and at the option of the Secured Party the obligations
secured by this Agreement shall immediately become due and payable in full without notice or
demand and the Secured Party shall have all the rights, remedies and privileges with respect to
repossession, retention and sale of the collateral and disposition of the proceeds as are accorded
by the applicable sections of the Uniform Commercial Code respecting "Default".
Upon any default and upon demand, Debtor shall assemble the collateral and make it
available to the Secured Party at the place and at the time designated in the demand.
Upon any default, the Secured Party's reasonable attorney's fees and the legal and other
expenses for pursuing, searching for, receiving, taking, keeping, storing, advertising, and selling
the collateral shall be chargeable to the Debtor.
This Security Agreement shall be interpreted in accordance with the laws of the State of
Florida. The venue of any action brought upon this Agreement shall be set in Broward County,
Florida.
The Debtor shall remain liable for any deficiency resulting from a sale of the collateral
and shall pay any such deficiency forthwith on demand.
If the Debtor shall default in the performance of any of the provisions of this Agreement
on the Debtor's part to be performed, Secured Party may perform same for the Debtor's account
and any monies expended in so doing shall be chargeable with interest to the Debtor and added
to the indebtedness s thereby.
The Secured Party is hereby authorized to file a Financing Statement.
The terms, warranties and agreements herein contained shall bind and inure to the
benefit of the respective parties hereto, and their respective legal representatives, successors
and assigns.
Page 2 of 3
The gender and number used in this Agreement are used as a reference term only and
shall apply with the same effect whether the parties are of the masculine or feminine gender,
corporate or other form, and the singular shall likewise include the plural.
The Agreement may not be changed orally.
IN WITNESS THEREOF, the Parties have respectively signed and sealed these presents the day
and year first above written.
DEBTOR:
(Signature)
(Print Name)
SECURED PARTY:
The City of Tamarac
By:
(Signature)
(Name and Title)
Page 3 of 3
No Text